Fitzgibbon and Prime Minister of Australia (Freedom of information)

This matter concerned an application by Joel Fitzgibbon MP for access to a document described as the "Coalition Agreement" dated 15 September 2015, under the *Freedom of Information Act 1982* (Cth). The Prime Minister's office initially refused access, asserting the document was not an official document of a Minister. This decision was affirmed by the Information Commissioner. Mr Fitzgibbon then applied to the Administrative Appeals Tribunal (AAT) for a review of the Information Commissioner's decision. During the review process, Mr Fitzgibbon sought an order permitting his legal representatives to inspect the Coalition Agreement and other relevant documents. The Senior Member of the AAT considered the interlocutory issues raised by this request.

The primary legal issues before the Tribunal were whether it possessed the power to order that Mr Fitzgibbon's legal representatives be allowed to inspect the Coalition Agreement and other identified documents, and if such power existed, whether it should be exercised. Mr Fitzgibbon argued that allowing his legal team to inspect these documents would better equip them to advise him and assist the Tribunal in fulfilling its obligations under section 2A of the *Administrative Appeals Tribunal Act 1975* (Cth) to provide a fair, just, economical, informal, and quick review.

The Tribunal determined that it did not have the power to make the requested inspection order. The Senior Member reasoned that the *Freedom of Information Act 1982* (Cth), specifically sections 64(1AA) and (1A), contained provisions clearly intended to restrict access to documents in dispute in freedom of information matters. The Tribunal's review mechanism must operate within these statutory restrictions. Furthermore, even if the power existed, the Tribunal indicated it would decline to exercise it, finding that the legislative framework governing freedom of information reviews prioritised restricted access in such circumstances.